In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 23, 2023
* * * * * * * * * * * * * * * * * * * JESSICA SMITH, * UNPUBLISHED * Petitioner, * No. 21-1448V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Pneumococcal 13-Valent Conjugate * (“Prevnar 13”) Vaccine; Complex Regional Respondent. * Pain Syndrome. * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION 1
On June 8, 2021, Jessica Smith (“Petitioner”) filed a petition in the National Vaccine Injury Program 2 alleging that she suffered from complex regional pain syndrome (“CRPS”) as a result of a pneumococcal 13-valent conjugate (“Prevnar 13”) vaccine she received on March 29, 2019. Petition at 1, 4-5 (ECF No. 1).
On October 23, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 49). Respondent denies that Petitioner’s
1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 alleged CRPS or its residual effects were caused-in-fact by the Prevnar 13 vaccine; denies that the Prevnar 13 vaccine cause Petitioner any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $55,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3
IT IS SO ORDERED.
s/Nora B. Dorsey Nora B. Dorsey Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JESSICA SMITH,
Petitioner, No. 21 -1448V Special Master Dorsey V. ECF
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Jessica Smith ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a pneumococcal 13-valent conjugate ("Prevnar-13") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a Prevnar-13 vaccine on March 29, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from Complex Regional Pain Syndrome ("CRPS")
that was caused-in-fact by the Prevnar-13 vaccine. She further alleges that she experienced the
residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner's alleged CRPS or its residual effects were caused-
in-fact by the Prevnar-13 vaccine; denies that the Prevnar-13 vaccine caused petitioner any other
injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2 11.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 23, 2023
* * * * * * * * * * * * * * * * * * * JESSICA SMITH, * UNPUBLISHED * Petitioner, * No. 21-1448V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Pneumococcal 13-Valent Conjugate * (“Prevnar 13”) Vaccine; Complex Regional Respondent. * Pain Syndrome. * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION 1
On June 8, 2021, Jessica Smith (“Petitioner”) filed a petition in the National Vaccine Injury Program 2 alleging that she suffered from complex regional pain syndrome (“CRPS”) as a result of a pneumococcal 13-valent conjugate (“Prevnar 13”) vaccine she received on March 29, 2019. Petition at 1, 4-5 (ECF No. 1).
On October 23, 2023, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 49). Respondent denies that Petitioner’s
1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 alleged CRPS or its residual effects were caused-in-fact by the Prevnar 13 vaccine; denies that the Prevnar 13 vaccine cause Petitioner any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $55,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3
IT IS SO ORDERED.
s/Nora B. Dorsey Nora B. Dorsey Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
JESSICA SMITH,
Petitioner, No. 21 -1448V Special Master Dorsey V. ECF
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Jessica Smith ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a pneumococcal 13-valent conjugate ("Prevnar-13") vaccine, which vaccine is contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a Prevnar-13 vaccine on March 29, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered from Complex Regional Pain Syndrome ("CRPS")
that was caused-in-fact by the Prevnar-13 vaccine. She further alleges that she experienced the
residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner's alleged CRPS or its residual effects were caused-
in-fact by the Prevnar-13 vaccine; denies that the Prevnar-13 vaccine caused petitioner any other
injury; and denies that petitioner's current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $55,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the Prevnar- 13 vaccination administered on March 29,
2019, as alleged in a petition for vaccine compensation filed on or about June 8, 2021, in the
United States Court of Federal Claims as petition No. 2 l-1448V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Prevnar-1 3 vaccine caused petitioner's alleged
injury or any other injury or her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4 Respectfully submitted,
PETITIONER:
JESSICA SMITH
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE TITIONER: OF THE ATTORNEY GENERAL:
01\ be\r.., t¾ -A-"'4NN~E:.....:.C=A:.....:.RR1 _:_::__::.0.;..: , -N -'--'-T--= o* -'- 0:......: A_L..J(. ,f'\'f E~ ..:...:....___l ciil-e ~ ~¼--P ~ HEATHER L. PEARLMAN MCTLAW Deputy Director 1605 Main St. Suite 710 Torts Branch Sarasota, FL 34236 Civil Division (888) 952-5242 U.S. Department of Justice atoale@mctlaw.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Digitally signed by Henry P, HenryP.Mcmillan·SS by Mcmillan -ss Date 2023.10.01 23:03:24 ·04'00'
CDR GEORGE REED GRJMES, MD, MPH JOS~H A. &EWIS Director, Division ofinjury Tr&" ~ttorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services Administration U. S. Department of Justice U. S. Department of Health and P.O. Box 146 Human Services Benjamin Franklin Station 5600 Fishers Lane, 08W-25A Washington, DC 20044-0146 Rockville, MD 20857 (202) 451-7495 joseph.a.lewis@usdoj.gov